and either deny or admit them. Had
the prisoner at the bar, then, a knowledge of this conspiracy or not?
This is the question. Instead of laying out their strength in
complaining of the _manner_ in which the deed is discovered, of the
extraordinary pains taken to bring the prisoner's guilt to light, would
it not be better to show there was no guilt? Would it not be better to
show his innocence? They say, and they complain, that the community feel
a great desire that he should be punished for his crimes. Would it not
be better to convince you that he has committed no crime?

Gentlemen, let us now come to the case. Your first inquiry, on the
evidence, will be, Was Captain White murdered in pursuance of a
conspiracy, and was the defendant one of this conspiracy? If so, the
second inquiry is, Was he so connected with the murder itself as that he
is liable to be convicted as a _principal_? The defendant is indicted as
a _principal_. If not guilty _as such_, you cannot convict him. The
indictment contains three distinct classes of counts. In the first, he
is charged as having done the deed with his own hand; in the second, as
an aider and abettor to Richard Crowninshield, Jr., who did the deed; in
the third, as an aider and abettor to some person unknown. If you
believe him guilty on either of these counts, or in either of these
ways, you must convict him.

It may be proper to say, as a preliminary remark, that there are two
extraordinary circumstances attending this trial. One is, that Richard
Crowninshield, Jr., the supposed immediate perpetrator of the murder,
since his arrest, has committed suicide. He has gone to answer before a
tribunal of perfect infallibility. The other is, that Joseph Knapp, the
supposed originator and planner of the murder, having once made a full
disclosure of the facts, under a promise of indemnity, is, nevertheless,
not now a witness. Notwithstanding his disclosure and his promise of
indemnity, he now refuses to testify. He chooses to return to his
original state, and now stands answerable himself, when the time shall
come for his trial. These circumstances it is fit you should remember,
in your investigation of the case.

Your decision may affect more than the life of this defendant. If he be
not convicted as principal, no one can be. Nor can any one be convicted
of a participation in the crime as accessory. The Knapps and George
Crowninshield will be again on the community. This shows the imp